F/RAND Terms And Its Applications In Standard-essential Patent Licensing

In recent years, the benefits brought by standardization results in overactive standard-setting activities in industrial markets. During the period, technical standards absorb patents and generate standard-essential patents(SEPs). The licensing of SEPs is a key step to achieve those benefits. However, the inborn excludability of patents and the public character of technical standards cause not only inside contradictions, but also conflicts between patent holders and the users of standard. F/RAND terms is known as a settlement to the troubles, which may also balance all interested parties. Therefore, the thesis study on F/RAND from both theoretical and practical dimensions.The thesis contains the following five parts:In first part, the thesis analyzes the motivation of F/RAND. To maximize the resultant of technology standard and patent system, market entities attempts to use F/RAND terms as a method to adjust the licensing of standard-essential patents. Not only the F/RAND terms have achieved its goal, but have also created extra values in practice.In the second part, the thesis tries to dig out the connotation of FAIR, REASONABLE and NON-DISCRIMINATORY. Furthermore, it explains the principium of F/RAND from the angle of interest balancing. Meanwhile, the thesis points out that the fuzziness of F/RAND may pose an obstacle to its value.In the third part, the thesis discusses the F/RAND in patent license practicing. F/RAND sets some special rules for licensing a standard-essential patent at the IP policy of SSOs, in this way, it can be put into practice.In the fourth part, by comparing two cases, Microsoft v. Motorola and Huawei v. IDC, one in U.S. and the other in China, we can know the way how F/ARND works in judicature, especially in royalty cases.In the fifth part, the thesis reaffirms the importance of F/RAND, and puts forward some methods to consummate standard-essential patent licensing.